Oklahoma Collections Questions & Answers

Q: can i sue my mom for not paying my medical bills even though I'm 18

1 Answer | Asked in Family Law, Collections, Health Care Law and Small Claims for Oklahoma on
Answered on Apr 9, 2019
Kyle Persaud's answer
If your mother agreed to pay your medical bills, then, legally, you can sue.

However, it may not be in your best interests, in the long run, to do this. A lawsuit will likely take you several years and cost you a lot of money. It could also destroy any relationship you may have with your mother. Lawsuits between family members are always the most contentious (at least in my experience.) You're opening yourself up to unpleasantness you will likely regret later.

Q: Can debtors try to get my family to pay my debts or get my life ins. if I am the sole signee on loans and credit cards?

1 Answer | Asked in Consumer Law, Family Law and Collections for Oklahoma on
Answered on Mar 22, 2018
Gary Johnston Dean's answer
No your family is not responsible, and life insurance payable to individuals is safe. However, if you have other properties subject to probate, creditors can file claims against your estate. See a lawyer to help plan your estate to avoid probate.

Q: In a marriage if one partner creates debt on accounts that are in his name only is the other partner responsible also

1 Answer | Asked in Small Claims, Collections and Family Law for Oklahoma on
Answered on Nov 26, 2017
Gary Johnston Dean's answer
Generally, NO, unless the debts were incurred for "necessities of life" such as food, shelter, etc.

Please visit my website, www.garyjdean.com for information on Oklahoma law. Then, at the bottom of the homepage, "Subscribe" to get email updates on Oklahoma law

Q: I've never received the final divorce decree. Can I be in contempt for non-payment?

2 Answers | Asked in Family Law and Collections for Oklahoma on
Answered on Nov 6, 2017
Pete David Louden's answer
Hire an attorney to help you get a copy of the decree and if it was changed without your knowledge they will be able to help you figure out what to do next.

Q: Had 1st hearing in a junk-debt case, argued Plaintiff's exhibits were hearsay, judge gave me 30 days to talk to a lawyer

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for Oklahoma on
Answered on Feb 6, 2017
Glenn B. Manishin's answer
If this is a trial, as opposed to summary judgment or motion to dismiss, an affidavit is inadmissible, so your question is difficult to understand. Get a lawyer, as you are plainly prejudicing your rights by representing yourself.

Q: How can a collection agcy. Sue you for a unpaid bill that is expired beyond the statue of limitations?

1 Answer | Asked in Collections for Oklahoma on
Answered on Nov 22, 2013
Howard Berkson's answer
The collection agency can sue you for a debt that is beyond the statute of limitations. You just have to assert the statute of limitations defense in your answer and it should be a very short lawsuit. However, it's always best to consult with an attorney about how to handle a lawsuit, particularly before you make your first move.

Q: How can I get my money back asap?

1 Answer | Asked in Collections for Oklahoma on
Answered on Nov 22, 2013
Howard Berkson's answer
It's possible the lien is valid, depending on whether the original owner had authority to use the vehicle for collateral on the second loan. You may be able to take legal action either to get her to pay the debt or to remove the lien from your title. You should consult with an attorney.

Q: How do i obtain a lien release on a debt that was paid and the owner refuses?

1 Answer | Asked in Collections for Oklahoma on
Answered on Nov 22, 2013
Howard Berkson's answer
The lien is a "cloud" on your title to the property. You need to talk to an attorney about a "quiet title" action, which is the name of the type of lawsuit used to remove or clarify uncertainties in property ownership.

Q: Is there a lien for creditors to file against a deceased persons estate?

1 Answer | Asked in Collections for Oklahoma on
Answered on Nov 22, 2013
Howard Berkson's answer
You can file a lien against assets in a decedent's estate. Generally, that is done while the estate is in probate. There are, of course, special situations and exceptions.

Q: How long am I liable for debt incurred in 2005?

1 Answer | Asked in Collections for Oklahoma on
Answered on Nov 11, 2013
Howard Berkson's answer
That depends on the terms of the debt agreement, whether the debt would be considered "consumer debt," and other factors. We don't have enough information to answer your question more clearly.

Q: How do you resolve a credit issue when you can't find the company to pay?

1 Answer | Asked in Collections for Oklahoma on
Answered on Mar 28, 2011
Mr. Jarod Morris' answer
Send a letter to all of the the credit reporting agencies that have the account listed. Tell them that you dispute the account as accurate and that as listed, and (if this is true) that you do not recognize ever being having a balance with Resolution Management (finance); therefore, you dispute this information as accurate.

This will trigger an investigation by the credit agency and the agency must inform the information provider (Resolution Management) that you dispute the information....

Q: A collector is trying to sue me for a debt that is over the statute of limitations. What do i do?

1 Answer | Asked in Collections for Oklahoma on
Answered on Mar 28, 2011
Mr. Jarod Morris' answer
Have you already been served with the Petition and Summons? Is this a small claims matter? Is the amount over $6,000? (Don't write back with the amount, just say yes or no.) Did you receive discovery (i.e., requests for admission, requests for production of documents and/or interrogatories)?

If you have been served, you only get 20 days to respond unless you file an appearance and reserve an additional 20 days. You don't want it to go into a default judgment. While these can be...

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